1. ПОСИЛЕННЯ ПОТЕНЦІАЛУ ІНСТИТУЦІЇ УКРАЇНСЬКОГО ОМБУДСМЕНА:
СЕМІНАР
ПОСИЛЕННЯ ПОТЕНЦІАЛУ ІНСТИТУЦІЇ УКРАЇНСЬКОГО ОМБУДСМЕНА:
НОВІ МЕТОДОЛОГІЇ ТА ПРАКТИКИ ПРОВЕДЕННЯ МОНІТОРИНГУ ДОТРИМАННЯ ПРАВ ЛЮДИНИ
STRENGTHENING THE UKRAINIAN OMBUDSPERSON INSTITUTION: RECOMMENDATIONS REGARDING METHODOLOGIES AND PROCEDURES TO CARRY OUT A MONITORING OF THE OBSERVANCE OF HUMAN RIGHTS
EU Twinning Ombudsman

2. Barbara Liegl Kyiv, April 18th 2018
Increasing the efficiency of the Ombudsperson’s activities in eliminating detected human rights violations, of the Ombudsperson’s control procedures over the fulfilment of recommendations, of the responses to the Ombudsperson’s acts of submission on eliminating detected human rights violations
Barbara Liegl
Kyiv, April 18th 2018
This project is funded by the European Union

3. Activities of sub-component 2.2
2.2.1 – Analysis and assessment of possible ways of increasing the efficiency of the Ombudsperson’s activities in eliminating detected human rights violations, of the Ombudsperson’s control procedures over the fulfilment of recommendations, of the responses to the Ombudsperson’s acts of submission on eliminating detected human rights violations
2.2.2 – A study visit with a view to exchanging experience as regards the Ombudsperson’s activities in eliminating detected human rights violations, the Ombudsperson’s control procedures over the fulfilment of recommendations, the responses to the Ombudsperson’s acts of submission on eliminating detected human rights violations
2.2.3 – Drafting recommendations as regards increasing the efficiency of the Ombudsperson’s activities in eliminating detected human rights violations, of the Ombudsperson’s control procedures over the fulfilment of recommendations, of the responses to the Ombudsperson’s acts of submission on eliminating detected human rights violations
2.2.4 – Presentation and discussion of the drafted documents and recommendations
This project is funded by the European Union

4. Activity 2.2.1 – Key elements of the analysis and assessment
The role of the Parliament Commissioner for Human Rights in eliminating human rights violations – approaches and challenges
Development and implementation of recommendations based on individual appeals
Development and implementation of systemic recommendations
The role of the Commissioner in law-making
This project is funded by the European Union

5. Activity 2.2.1 – Framework of the analysis and assessment
Roles and self-understanding of classical ombuds institutions
European standards for the quality of recommendations
Human Rights Based Approach as an EU instrument
changing the analytical lens and making the link to human rights standards and principles and
contributing to the development of the capacities of duty- bearers to meet their obligations and/or of rights-holders to claim their rights
This project is funded by the European Union

6. Activity 2.2.1 – Status quo (i)
Multiple mandates of the Commissioner – consequences for the effective elimination of human rights violations
Commissioner has a broad range of instruments aiming at eliminating human rights violations
Recommendations based on individual appeals
quality of recommendations
recommendations as demands and coercion
acceptance and readiness to act upon recommendations
vigilance as a necessary virtue of the Commissioner and her Apparatus in getting recommendations implemented
This project is funded by the European Union

7. Activity 2.2.1 – Status quo (ii)
Submissions to the Constitutional Court - rarely used (due to previous experiences with such submissions )
Systemic recommendations
current practice of adopting systemic recommendations
channels of adopting systemic recommendations
consequences for the authority and the restoration of human rights violations
acceptance and readiness to act upon systemic recommendations
Role of the Commissioner in law making – indirect participation in law making
This project is funded by the European Union

8. Activity 2.2.1 – Status quo (iii)
Tools and instruments currently in use by the Commissioner and her Apparatus and their potential for improving the impact of recommendations
Annual reports
Special reports
Data management system
Active sharing of recommendations (visibility)
This project is funded by the European Union

9. Activity – Recommendations on how to further increase the efficiency of instruments aiming at the elimination of human rights violations (i)
The application of a human rights based approach by national human rights institutions - new roles and challenges
Essential elements in developing high quality recommendations based on individual appeals: structure and reasoning of the recommendations
Essential elements in developing high quality recommendations based on individual appeals: the principle of good administration, fact finding and collecting of evidence
This project is funded by the European Union

10. Recommendations on the development and content of the annual reports
Activity – Recommendations on how to further increase the efficiency of instruments aiming at the elimination of human rights violations (ii)
Assessment of the evidence. Principles of implementation of the decisions
Recommendations on the development and content of the annual reports
Recommendations on special reports and participation in law making procedure
This project is funded by the European Union

11. Activity – Recommendations on how to further increase the efficiency of instruments aiming at the elimination of human rights violations (iii)
Visibility as a contributing factor to a resourceful follow-up to recommendations
Data bases - valuable tools for the Commissioner for Human Rights in eliminating human rights violations?
This project is funded by the European Union

12. Thank you for your attention!
EU Twinning Ombudsman